Nevada Revised Statutes 62C.010 – Grounds for taking child into custody; notification of parent or guardian of child and probation officer; release or further detention of child
Except as otherwise provided in this title and NRS 484C.160:
Terms Used In Nevada Revised Statutes 62C.010
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
1. A peace officer or probation officer may take into custody any child:
(a) Who the officer has probable cause to believe is violating or has violated any state or local law, ordinance, or rule or regulation having the force of law; or
(b) Whose conduct indicates that the child is in need of supervision.
2. If a child is taken into custody:
(a) The officer shall, without undue delay, attempt to notify, if known, the parent or guardian of the child;
(b) The facility in which the child is detained shall, without undue delay:
(1) Notify a probation officer; and
(2) Attempt to notify, if known, the parent or guardian of the child if such notification was not accomplished pursuant to paragraph (a); and
(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the juvenile court, the child must be released to the custody of a parent or guardian or another responsible adult who has signed a written agreement to bring the child before the juvenile court at a time stated in the agreement or as the juvenile court may direct. The written agreement must be submitted to the juvenile court as soon as possible. If the person fails to produce the child at the time stated in the agreement or upon a summons from the juvenile court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both, be brought before the juvenile court at a time stated in the writ.
3. If a child who is taken into custody is not released pursuant to subsection 2:
(a) The child must be taken without unnecessary delay to:
(1) The juvenile court; or
(2) The place of detention designated by the juvenile court and, as soon as possible thereafter, the fact of detention must be reported to the juvenile court; and
(b) Pending further disposition of the case, the juvenile court may order that the child be:
(1) Released to the custody of a parent or guardian or another person appointed by the juvenile court;
(2) Detained in a place designated by the juvenile court, subject to further order of the juvenile court; or
(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of children. The supervised detention at the home of the child may include electronic surveillance of the child.
4. In determining whether to release a child pursuant to this section to a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the fifth degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.